Export Market Development Grants (Grants Entry Requirements) Determination 2002

Overview

The Export Market Development Grants (Grants Entry Requirements) Determination 2002 was enacted by the Australian Trade Commission under subsection 21(1) of the Export Market Development Grants Act 1997. This legislative instrument was designed to address the need for clear and stringent entry requirements for businesses seeking grants aimed at developing export markets. The policy objective behind this Determination is to ensure that only those applicants who have adequately prepared for and are capable of engaging in export activities receive grants. This is intended to maximise the effectiveness of the grants in fostering export growth and development. The Determination specifies that applicants must demonstrate sufficient financial resources, have undertaken reasonable steps to prepare for export such as market research and planning, and propose export activities that are lawful and feasible. Furthermore, applicants must provide relevant documentation to the Australian Trade Commission (Austrade) upon request to substantiate their compliance with these requirements. The Determination came into effect on 1 July 2002, superseding the previous Determination made on 8 July 1997, but the earlier version remains applicable to grants for activities commencing before 1 July 2001.

Scope and Application

The Export Market Development Grants (Grants Entry Requirements) Determination 2002 applies to any person seeking to obtain a grant from the Australian Trade Commission (Austrade) under the Export Market Development Grants Act 1997, for a grant year beginning on or after 1 July 2001. It sets out specific criteria that applicants must satisfy to be eligible for the grant, including demonstrating sufficient financial resources to undertake the proposed activities, having undertaken reasonable preparatory steps for export, and ensuring that the proposed export activities are lawful and feasible. This Determination is a legislative instrument made under the authority of the Export Market Development Grants Act 1997 and supersedes the previous Determination made in 1997, which remains applicable to grant applications for earlier years. The geographic reach of this Determination is national, applying to all entities seeking grants across Australia. It does not explicitly exclude any particular entities or industries but focuses on the eligibility criteria that must be met by applicants to qualify for the grants.

Key Provisions

The main operative sections of the Export Market Development Grants (Grants Entry Requirements) Determination 2002 (section 4) outline the criteria that an applicant must meet in order to qualify for a grant. According to section 4(1), an applicant must have sufficient financial resources to carry out their intended activities, demonstrate reasonable preparation for export, and propose export activities that are not unlawful or impracticable. These requirements ensure that grant applicants are well-prepared and financially capable of pursuing their export activities. Section 4(2) further mandates that applicants must provide relevant documents to the Australian Trade Commission (Austrade) if requested, to substantiate their eligibility under the outlined criteria. The obligations and requirements imposed by the Determination on the parties involved are primarily centred around demonstrating compliance with the specified entry requirements. Applicants must provide evidence of their financial capacity, export preparation, and the legality and feasibility of their proposed export activities. This includes submitting any necessary documents when requested by Austrade, as stipulated in section 5. The Determination also ensures that applicants are aware of the financial and logistical groundwork expected before applying for a grant. The Determination does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, it can be inferred that failure to meet the entry requirements could result in the rejection of an application. This would deny the applicant the opportunity to receive a grant, which could significantly impact their ability to pursue export activities. Additionally, providing false or misleading information to Austrade could have legal ramifications under broader legislation governing fraud and misrepresentation.